Proceeds of Crime Lawyer in Brampton, Canada

In the past, individuals facing criminal charges underwent arrest, court arraignment, and, if found guilty, received a sentence from the judge. However, recognizing the challenges of proving allegations beyond a reasonable doubt, the justice system introduced the Proceeds of Crime Act. 

This legislation enables investigators to track financial transactions and confiscate assets suspected to be derived from criminal activities, such as drug trafficking, importation, and production.

At FMK Law Group, we specialize in defending individuals targeted by the proceeds of crime unit or the RCMP. If your assets have been seized, our team of expert Brampton criminal defence lawyers is here to provide skilled legal representation and protect your rights.

Proceeds of Crime lawyer

What Are Proceeds of Crime?

Section 462.3 of the Criminal Code defines proceeds of crime as:

1. Any property, benefit, or advantage within or outside Canada obtained or derived directly or indirectly as a result of:

(1.1) The commission in Canada of a designated offence, or

(1.2) An act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

A “designated offence” is:

1. Any offence that may be prosecuted as an indictable offence under this or any other act of parliament, other than an indictable offence prescribed by regulation or

2. A conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

If you’re confronting charges related to proceeds of crime, it’s crucial to enlist the services of a seasoned criminal defence lawyer, Brampton. Our team will vigorously advocate on your behalf to safeguard your legitimately acquired property amidst government attempts to seize your assets. 

Additionally, we possess the expertise to negotiate with the prosecution regarding other charges linked to proceeds of crime, such as drug offences and fraud.

Strategies to Mitigate Charges Related to Proceeds of Crime

Prosecutors treat proceeds of crime charges with utmost severity, often resulting in severe penalties upon conviction. If you’re under investigation or facing such charges for allegedly possessing assets obtained through illegitimate means, it’s imperative to seek legal guidance promptly. Refrain from accepting any deals or pleading guilty without thoroughly exploring all available options with a knowledgeable attorney.

Some potential defence approaches for proceeds of crime charges include:

1. No Evidence Linking Assets to Criminal Activity

At times, charges related to the proceeds of crime are levied merely because authorities are skeptical about the legitimacy of substantial asset acquisitions, especially when they involve significant amounts of cash. It is entirely lawful for an individual to store cash in unconventional manners, such as burying it in their backyard or keeping it under their mattress. 

Courts should not presume the cash’s origins are dubious based solely on its storage method or unsubstantiated rumours regarding someone’s activities.

2. Lack of Proof of Ownership

The connection between confiscated property and its owner might appear weak. Nonetheless, without continuous reminders of the stringent proof standards set by legislation to prevent crime proceeds, courts risk drawing unfounded conclusions. 

This is essential to ensure Canadians are not unjustly stripped of property they have rightfully obtained.

3. Assets Located Through Alleged Charter Breach Should Be Excluded

In cases involving proceeds of crime, the protections offered by the Canadian Charter of Rights and Freedoms are fully applicable, just as in any other type of criminal proceeding. 

Although there is no specific Charter right to property per se, individuals do hold the right to be protected from unreasonable search and seizure, as well as to enjoy life, liberty, and personal security. 

If police actions severely violate these rights, it could result in the dismissal of all charges and the return of any seized property.

Penalty for Proceeds of crime in Brampton, Canada

The potential penalties for proceeds of crime conviction vary as follows:

  1. Offences under $5,000 – up to 2 years in jail
  2. Offences over $5,000 – up to 10 years in jail

 

For charges related to proceeds of crime, there are no mandatory minimum penalties. This means sentencing can vary based on the specifics of the case. 

In certain situations, for example, when the sentence is under two years, and you have no previous convictions, you might be eligible for a conditional sentence, which can be served as house arrest. This option is contingent upon whether it satisfies the goals and principles of sentencing.

What you will do

Proceeds of crime might come from numerous sources, and authorities often have to conduct thorough investigations to convict the person.

On many occasions, people making illegal money evade taxes, as they have to do everything they can to avoid regulations and any authority that could charge them with the proceeds of crime.

Even though money laundering is to disguise where the assets come from, authorities can still spot the person involved in this act and charge them with proceeds of crime.

Facing Proceeds of Crime Charges? Our Brampton Criminal Lawyer Can Help

If you’re facing Proceeds of crime charges or other charges like Public mischiefBreak and enterMischiefThreatsFraudForgeryShoplifting, and Theft, you need experienced, dedicated, and committed representation. At FMK Law Group, our criminal defence lawyer, Brampton, has the knowledge, dedication, and commitment that cases of this nature require.

We can help you navigate these difficult times and work tirelessly to achieve the best results possible for your case. Contact us at (647) 269-8414 for a consultation with FMK Law Group today. One of our Criminal lawyers Brampton, will gladly meet with you to discuss your case.